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Ownership means that you're the legal owner of the item, you've paid for it, inherited it, got it as a gift from the previous legitimate owner or something like that. In possession of simply means that you're the one using/storing/having access to the item.

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15y ago
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14y ago

"'Ownership" of land is self-explanatory. "Possession" of the land is another thing entirely. Although one may "own" land if there is a legal contract or lease in effect, the person who was granted that contract/lease is the one in lawful "possession" of it.

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14y ago

Possession is the act of holding property in one's power. It has many meanings and there are many books that cover the many aspects but here, it will only be contrasted to ownership: briefly.

The right to possession is the right to control property to the exclusion of others. For example, if you have a lease and are renting a single family house, you have the exclusive right to control the premises as long as you abide by the terms of the lease. However, you do not own the property.

For another example, elderly home owner's often convey the title to their real estate to their child while reserving a life estate. This is a common means of creating a life estate in Massachusetts. The reservation of a life estate in a deed that conveys the fee provides the life tenant with the right to the possession of the property for the duration of their natural life. However, they don't own the property. Ownership is in the grantee in the deed.

Suppose you loaned your car to a friend while you were away and your car was involved in a serious hit and run accident. Although you own the car it was not in your possession at the time of the accident. Proof that you were away would shield you from prosecution.

A person can possess something without owning it and a person can own something without possessing it.

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Q: Distinguish between land ownership and possession?
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The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.


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